Allahabad High Court
Janardan vs Fareed Ahmad, Tehsildar on 11 July, 2019
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4118 of 2019 Applicant :- Janardan Opposite Party :- Fareed Ahmad, Tehsildar Counsel for Applicant :- Anurag Tripathi Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the applicant.
The applicant is before this Court for a direction to initiate contempt proceeding against the respondents for disobedience of the order dated 10.01.2017 passed in Writ-C No.925 of 2017 (Janardan v. State of U.P. & Ors.). For ready reference, the relevant extract of order dated 10.01.2017 is quoted as under:-
"Without entering into the merits of the claim made by the petitioner the writ petition is, therefore, disposed of with the direction to the respondent No.3 namely Tehsildar, Tehsil- Tamkuhiraj District Kushinagar to decide the application of the petitioner under section 34 of Land Revenue Act expeditiously preferably within a period of six months from the date of filing of certified copy of this order after giving notice to all concerned."
Learned counsel for the applicant submits that a certified copy of the aforesaid order alongwith other documents was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within four months from the date of production of a certified copy of this order without according any unnecessary adjournment to either of the parties, except upon payment of exemplary cost.
The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed envelope to the office within one week from today. The office shall send a copy of this order along with the self-addressed envelope of the applicant with a copy of contempt application to the opposite parties within one week thereafter and keep a recorded thereof.
The opposite party shall comply with the directions of the writ court and intimate the applicant the order through the self-addressed envelop within a week thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
Order Date :- 11.7.2019 A. Pandey